Patents Trademarks | Industrial Designs | Intellectual Property in Estonia

Estonia

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • Patent Law, in force since May 23, 1994, amended in 1999, 2003, 2004 and 2008, last amendments in force since March 1, 2009.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention (Stockholm Act), since August 24, 1994.
  • Patent Cooperation Treaty (PCT), since August 24, 1994.
  • European Patent Convention (EPO), since July 1, 2002.

FILING REQUIREMENTS

  • Power of Attorney, to be signed by the applicant; the full name and address of the applicant, the full name and title (position) of the signatory must be typed. Notarization or legalization is not required;
  • Patent specification comprising claims;
  • Formal drawings, if any;
  • Abstract;
  • Priority document(s), if any;
  • The document proving the deposit of a microorganism strain, if the subject of the invention is a microorganism strain or if the invention presumes the use of a new microorganism strain;
  • If the inventor(s) is not the applicant(s), information to show the right of the applicant to apply for the patent (as legal successor of the inventor(s), by virtue of contract of employment, or a contract other than contract of employment);
  • Deed of Assignment (if priority is claimed, and the applicant in the patent application differs from the one shown in the priority document).

REMARKS

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: 20 years from the filing date.
Annuities: are to be paid from the third year on (first 3 years to be paid simultaneously).
Opposition: possible within nine months of the date of publication of the patent grant announcement.

LEGAL BASIS

  • Trademarks Act, in force as of May 1, 2004. Amendments effected in 2004, 2005, 2006, 2007 and 2009.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, since August 24, 1994.
  • Madrid Protocol, since November 11, 1998.

FILING REQUIREMENTS

  • Power of Attorney (same requirements as for patents);
  • Reproduction and description (if the mark is a complicated one or may have some secondary meaning);
  • List of goods and/or services in compliance with the International Classification;
  • Priority document, if any.

REMARKS

Kinds of protection: trade and service marks comprising a word or device or a combination of both, two- and three-dimensional designations as well as sounds and smells.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period of effective registration allows any interested party to require cancellation of the registration. Cancellation ex officio on the basis of non-use is excluded.
Duration – renewals: 10-year period from the registration date, renewable for further periods of ten years.
Opposition: has to be filed with the Board of Appeal within two months of the date of publication.

LEGAL BASIS

  • Industrial Design Protection Act, in force since January 11, 1998, last amended in 2012.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention (Stockholm Act), since August 24, 1994.
  • Hague Agreement, Geneva Act, since December 23, 2003.

FILING REQUIREMENTS

  • A request for the registration of an industrial design, incl.:
  • Title of the design; details of the applicant and information on acquisition of the right to apply for the registration of the industrial design;
  • Details of the author; details of the representative, if any;
  • Number of variants, if any;
  • A reproduction of the industrial design;
  • Power of Attorney, (same requirements as for patents);
  • Poriority document, if any;
  • Deed of Assignment, if the applicant is not the same as the one shown in the priority document.

REMARKS

Duration – renewals: after formal examination: 5 years, can be extended for four additional 5-year periods.
Opposition: contestation of the registration of a design is possible only through the courts within three months of the date of publication in the Official Gazette.

LEGAL BASIS

  • There is no specific legislation on country code top-level domain names.

FILING

  • ccTLD: .ee
  • Applicant: individuals and legal entities.
  • Local presence: not required, but foreign natural and legal persons must have a local administrative contact.

REMARKS

Duration – renewals: either one, two or three years, renewable.
Uniform dispute resolution procedure: none, but an administrative procedure other than UDRP is available before the Domain Disputes Committee established by the Estonian Internet Foundation.

General Information

Area: 45,226 sq. km.
Population: 1,317,800 inhabitants (est. Jan. 2017)
Capital: Tallinn.
Language: Estonian (official) and Russian (still used).
Currency: Euro.

General Remarks

Estonia was a province of imperial Russia before World War I, and independent between World War I and II, but was conquered by the USSR in 1940. Estonia declared itself an "occupied territory" and proclaimed itself a free nation in March 1990. Estonia declared full independence on August 20, 1991.
Member of NATO as of April 2, 2004 and of the European Union as of May 1, 2004.

More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

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